Griffin v. Dunn
Supreme Court of Arkansas
Appeal from Johnson Chancery Court; Jeremiah G. Wallace, Judge; The sale of the homestead by the administrator was void. 47 Ark. 445; 50 Id. 729; 49 Id. 75; 56 Id. 565; 37 Id. 316. Since the decision in 47 Ark. 445, the sale of a homestead may be conceded to be void, but prior to the act of 1873 such sales were common. 37 Ark. 316; 40 Id. 17. The sales were treated as void only as to the interests of the minors. But plaintiffs are estopped. 12 Am. & Eng. Enc.
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Appeal from Johnson Chancery Court; Jeremiah G. Wallace, Judge; The sale of the homestead by the administrator was void. 47 Ark. 445; 50 Id. 729; 49 Id. 75; 56 Id. 565; 37 Id. 316. Since the decision in 47 Ark. 445, the sale of a homestead may be conceded to be void, but prior to the act of 1873 such sales were common. 37 Ark. 316; 40 Id. 17. The sales were treated as void only as to the interests of the minors. But plaintiffs are estopped. 12 Am. & Eng. Enc. Law, pp. 542-8; 72 Ark. 446; 2 Herman on Estoppel and Res Judicata, secs. 937-8-9, 951, 954, 958; 24 Ark. 131, etc. They are also…
1Opinion of the CourtMcCulloch, J.
R. R. Posey owned and occupied as his homestead a quarter section of land in Johnson County, and died in August, 1876, leaving surviving him his widow, Sarah Posey, and daughter, Martha R. Dunn, who was then an adult married woman. Pier coverture continues to the present time. The tract of land was by an order of the probate court set apart to the widow as her homestead, but in June, 1878,.the entire tract was sold, subject to the homestead right of the widow, by the administrator of the estate of said decedent for the purpose of raising funds to pay the debts of the estate, and was purchased…
2Cases cited15 opinions
- McCloy & Trotter v. ArnettSupreme Court of Arkansas · 1886
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Bond v. MontgomerySupreme Court of Arkansas · 1892
- Garibaldi v. JonesSupreme Court of Arkansas · 1886
- Nichols v. ShearonSupreme Court of Arkansas · 1886
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dodson v. MiddletonSupreme Court of Oklahoma · 1913
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Fletcher v. JosephsSupreme Court of Arkansas · 1912
- Murphy v. GravesSupreme Court of Arkansas · 1926
- Tandy v. SmithSupreme Court of Arkansas · 1927
12 more not listed; retrieve them via the Exa API.